Inherent Risks. I understand that the raft trip and associated activity I am about to engage in as a participant and/or volunteer bear inherent risks, both known and unanticipated. I understand that such risks cannot be eliminated without jeopardizing the essential qualities of this activity. These risks could result in PHYSICAL INJURY, DEATH, PARALYSIS, EMOTIONAL INJURY, OR OTHER DAMAGE, to myself, my property, or third parties. I understand that these risks include but are not limited to risks from: • My own physical condition. • My own actions or omissions; the actions or omissions of other participants in this activity; and the actions or omissions of NRA-DPS. • Defects, both hidden and apparent, in equipment supplied or operated by NRA-DPS. • The operation, including misuse, of equipment supplied by NRA-DPS. • The dangers of rafting on cold glacial rivers and moving water, including but not limited to: drowning; hypothermia; the risk that the raft may flip or I may fall out of the raft; the risk that I may be in the water for extended periods of time; and the presence of submerged or floating debris in the water (such as railroad cars, rocks, logs, ice, downed trees, “sweepers,” and “strainers”), standing waves, hydraulics such as “holes”, whirlpools, or any other types of river rapids. • The dangers of being hit or struck by an oar, paddle, or another individual or object. • Changing water conditions, including increased risk exposures due to high water levels. • Inclement or changing weather, including without limitation high winds, rain, snow and lightning. • Hazardous contact or interactions with plants or wild animals. • The conditions of roads, trails, waterways, or terrain, and accidents connected with their use. • Accidents and injuries occurring while: walking to or from the rafts, being transported by passenger vehicle and/or aircraft to or from raft launching and landing locations, loading passengers in and out of the rafts, loading passengers in and out of passenger transport vehicles, launching or landing rafts from the riverbank, loading and unloading rafts into or from raft trailers. • The inaccessibility or remoteness of terrain, which may delay rescue and/or medical treatment. • The distance of this activity's location from medical or emergency facilities. • Receiving emergency medical services or emergency transport from NRA-DPS or other third parties.
Appears in 2 contracts
Sources: Participant Agreement, Participant Agreement
Inherent Risks. I understand acknowledge that the raft my participation in a river trip, fishing trip and associated activity I am about to engage in as or a participant and/or volunteer bear inherent risks, both zipline/challenge course entails known and unanticipatedunanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of this the activity. These The inherent rafting risks include, among other things: that physical and water related activities (such as tubing or rafting) can be strenuous and should not be participated in by persons with heart or cardiovascular ailments; whitewater rapids will be encountered; encountering rapids, changing water flows, dam discharges, increased flows and the possibility that I will be jolted, ▇▇▇▇▇▇, bounced, thrown to and fro, separated from my tube or boat, etc. during rides through some of these changing water flows; the tube/raft may break down or be faulty; it is possible that loss of control of the tube/raft could result occur resulting in PHYSICAL INJURYcollision or capsizing or sinking and that if a tube/raft turns over or flips I could be "washed" overboard; tubes/rafts are slippery when wet and are naturally unstable so that I could slip and fall or be knocked out of the tube/raft even in flat or non-moving water; while in the water I may become disoriented, DEATHpanicked and/or experience trauma from rocks, PARALYSISboulders, EMOTIONAL INJURY, OR OTHER DAMAGE, etc; I can slip or fall during hiking or portaging or getting to myself, my property, and from the tube/raft or third parties. tubing/rafting areas and I understand that these risks include but are not limited to risks from: • My own physical condition. • My own actions or omissionsthe areas in which I might hike sometimes hide dangerous obstacles such as tree ▇▇▇▇▇, tree stumps, creeks, rocks and boulders, forest dead fall, etc.; the actions tube/raft or omissions any portion of it may collide with or encounter other participants in this activity; and the actions boats, man-made or omissions of NRA-DPS. • Defects, both hidden and apparent, in equipment supplied or operated by NRA-DPS. • The operation, natural objects including misuse, of equipment supplied by NRA-DPS. • The dangers of rafting on cold glacial rivers and moving water, including but not limited to: drowning; hypothermia; the risk that the raft may flip or I may fall out of the raft; the risk that I may be in the water for extended periods of time; and the presence of submerged or floating debris in the water (such as railroad carssemi submerged trees, rocks, logsbranches, iceboulders, downed bridges, etc.; again your boat could turn over and/or you could have to swim rapids risking collision with rocks and entanglement in trees, ; also prolonged exposure to cold water can result in “sweeperscold water immersion” syndrome or “cold shock,” and “strainers”), standing waves, hydraulics such as “holes”, whirlpools, or any other types of river rapids. • The dangers of being hit or struck by an oar, paddle, or another individual or object. • Changing water conditions, including increased risk exposures due to high water levels. • Inclement or changing weather, including without limitation high winds, rain, snow and lightning. • Hazardous contact or interactions with plants or wild animals. • The conditions of roads, trails, waterways, or terrain, and accidents connected with their use. • Accidents and injuries occurring while: walking to or from the rafts, being transported by passenger vehicle hypothermia and/or aircraft to or from raft launching and landing locations, loading passengers in and out of the rafts, loading passengers in and out of passenger transport vehicles, launching or landing rafts from the riverbank, loading and unloading rafts into or from raft trailers. • The inaccessibility or remoteness of terrain, which may delay rescue and/or medical treatment. • The distance of this activity's location from medical or emergency facilities. • Receiving emergency medical services or emergency transport from NRA-DPS or other third partiesdeath.
Appears in 2 contracts
Sources: Participant Release of Liability, Waiver of Claims, Assumption of Risk and Indemnity Agreement, Participant Release of Liability, Waiver of Claims, Assumption of Risk and Indemnity Agreement
Inherent Risks. I understand acknowledge that the raft trip there are inherent risks in an activity such as kayaking, stand-up paddleboarding, and associated activity I am about to engage in as a participant and/or volunteer bear inherent related activities . These risks, both known and unanticipated, could result in physical or emotional injury, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of this the activity. These I also understand and acknowledge that failing to use or properly use safety equipment increases my risk of injury or death while kayaking, stand-up paddleboarding, and related activities. The inherent risks associated with the activity in which I am about to participate include, but are not limited to: vessel collisions; capsizes; drowning or other causes of death; contact with submerged hazards; encountering tidal currents and unpredictable ocean conditions; lightning; dangerous weather events; open water crossings; natural hazards; encountering dangerous or aggressive wildlife or insects; strains; falls; fractures; concussions; total or partial paralysis. It is possible that I could result in PHYSICAL INJURYcontract an illness or disease from food-borne, DEATHairborne, PARALYSISwater-borne or surface pathogens including but not limited to COVID-19 and subsequent mutations and strains, EMOTIONAL INJURYwhich, OR OTHER DAMAGEwhile they seem open and obvious, to myselfalso have inherent risks associated with them. Pathogens could be transmitted from other participants, my propertythird-parties, BOO staff, or third partiesunknown sources. It is possible that I could be injured if I come in contact with kayaks, paddleboards, paddles, or other equipment necessary to the operation of the trip; the kayak/paddleboard may break down; it is possible that loss of control of the kayak/paddleboard could occur resulting in collision or capsizing or sinking causing me to enter the water; while in the water I may become disoriented, panicked and/or experience trauma; I can slip or fall getting to and from the kayak or paddleboard. I understand that these risks include but are not limited to risks from: • My own physical condition. • My own actions the areas in which I might hike or omissions; the actions or omissions of other participants in this activity; and the actions or omissions of NRA-DPS. • Defects, both hidden and apparent, in equipment supplied or operated by NRA-DPS. • The operation, including misuse, of equipment supplied by NRA-DPS. • The dangers of rafting on cold glacial rivers and moving water, including but not limited to: drowning; hypothermia; the risk that the raft may flip or I may fall out of the raft; the risk that I may be in the water for extended periods of time; and the presence of submerged or floating debris in the water (walk sometimes hide dangerous obstacles such as railroad carsslippery rocks and seaweed, rocks, logs, ice, downed trees, “sweepers,” and “strainers”), standing waves, hydraulics such as “holes”, whirlpools, or any other types of river rapids. • The dangers of being hit or struck by an oar, paddle, or another individual or object. • Changing water conditions, including increased risk exposures due to high water levels. • Inclement or changing weather, including without limitation high winds, rain, snow and lightning. • Hazardous contact or interactions with plants or wild animals. • The conditions of roads, trails, waterways, or terrainunstable ground, and other natural or manmade obstacles; accidents connected with their use. • Accidents and injuries occurring while: walking to or from the rafts, being transported by passenger vehicle and/or aircraft to or from raft launching and landing locations, loading passengers in can occur getting into and out of the raftskayak/paddleboard; exposure to the natural elements could cause sunburn, loading passengers dehydration, or heat related illness; I understand that prolonged exposure to cold water can result in “cold water immersion” syndrome or “cold shock,” hypothermia and in extreme cases death; communication on the water in which this activity occurs is sometimes difficult and in the event of an accident, rescue and medical treatment may not be immediately available. I acknowledge that I AM ULTIMATELY RESPONSIBLE for my own safety during my participation in BOO events/activities and I assume the risks and hazards associated with the event/activities whether known or unknown. I specifically acknowledge also that BOO activities may involve camping in rustic and/or remote situations which may present “comfort style” issues for which I accept responsibility. I specifically acknowledge that, in the event I choose to consume drugs or alcohol during my trip, I will bear complete responsibility for myself and for any damages I may cause to BOO, its property, or to other guests. I acknowledge that I could be left alone and out of passenger transport contact with staff for periods of time while enjoying land-based activities. I acknowledge that there are numerous other issues I may encounter, such as campfires and latrine issues which, while they seem open and obvious, also have inherent risks associated with them. I acknowledge that I may choose to participate in activities that are provided by other vendors or operators (i.e. taxis, ferries, and shuttles) over which BOO has no control. Those activities are incidental to the activities provided by BOO and may involve errors in judgment by the other vendors or operators for which BOO can bear no liability. Transportation to and from the activity is incidental to the activity. Transport by vehicles, launching in some instances, may be provided by BOO and may involve errors in judgment by BOO staff operating the vehicles. The vehicles and transport trailers may malfunction, break down, or landing rafts from be poorly maintained, causing injury, accidents, delays or in the riverbankextreme case, loading death. Furthermore, BOO staff have difficult jobs to perform. They seek safety, but they are not infallible. They might be ignorant of a participant’s fitness or abilities. They might misjudge the weather, the elements, or the terrain. They may give inadequate warnings or instructions and/or I as the participant may fail to understand the safety directions due to other issues. I specifically acknowledge that decisions made by guides/staff and unloading rafts into or from raft trailers. • The inaccessibility or remoteness of terrainparticipants are often made in potentially dangerous settings and are made based on often imprecise, which may delay rescue and/or medical treatment. • The distance of this activity's location from medical or emergency facilities. • Receiving emergency medical services or emergency transport from NRA-DPS or other third partiesmomentary and subjective perceptions so that decisions are subject to errors in judgment that cannot and should not be associated with fault at a later point in time.
Appears in 1 contract
Sources: Release of Liability, Assumption of Risk & Indemnification Agreement
Inherent Risks. I understand acknowledge that the raft trip there are inherent risks in an activity such as kayaking, stand-up paddleboarding, and associated activity I am about to engage in as a participant and/or volunteer bear inherent related activities . These risks, both known and unanticipated, could result in physical or emotional injury, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of this the activity. These I also understand and acknowledge that failing to use or properly use safety equipment increases my risk of injury or death while kayaking, stand-up paddleboarding, and related activities. The inherent risks associated with the activity in which I am about to participate include, but are not limited to: vessel collisions; capsizes; drowning or other causes of death; contact with submerged hazards; encountering tidal currents and unpredictable ocean conditions; lightning; dangerous weather events; open water crossings; natural hazards; encountering dangerous or aggressive wildlife or insects; strains; falls; fractures; concussions; total or partial paralysis. It is possible that I could result in PHYSICAL INJURYcontract an illness or disease from food-borne, DEATHairborne, PARALYSISwater-borne or surface pathogens including but not limited to contraction of noroviruses, EMOTIONAL INJURYcoronaviruses, OR OTHER DAMAGEhantavirus, to myselfCOVID-19 and subsequent mutations and strains, my propertywhich, while they seem open and obvious, also have inherent risks associated with them. Pathogens could be transmitted from other participants, third-parties, AKT staff, or third partiesunknown sources. It is possible that I could be injured if I come in contact with kayaks, paddles, or other equipment necessary to the operation of the trip; the kayak may break down; it is possible that loss of control of the kayak could occur resulting in collision or capsizing or sinking causing me to enter the water; while in the water I may become disoriented, panicked and/or experience trauma; I can slip or fall getting to and from the kayak. I understand that these risks include but are not limited to risks from: • My own physical condition. • My own actions the areas in which I might hike or omissions; the actions or omissions of other participants in this activity; and the actions or omissions of NRA-DPS. • Defects, both hidden and apparent, in equipment supplied or operated by NRA-DPS. • The operation, including misuse, of equipment supplied by NRA-DPS. • The dangers of rafting on cold glacial rivers and moving water, including but not limited to: drowning; hypothermia; the risk that the raft may flip or I may fall out of the raft; the risk that I may be in the water for extended periods of time; and the presence of submerged or floating debris in the water (walk sometimes hide dangerous obstacles such as railroad carsslippery rocks and seaweed, rocks, logs, ice, downed trees, “sweepers,” and “strainers”), standing waves, hydraulics such as “holes”, whirlpools, or any other types of river rapids. • The dangers of being hit or struck by an oar, paddle, or another individual or object. • Changing water conditions, including increased risk exposures due to high water levels. • Inclement or changing weather, including without limitation high winds, rain, snow and lightning. • Hazardous contact or interactions with plants or wild animals. • The conditions of roads, trails, waterways, or terrainunstable ground, and other natural or manmade obstacles; accidents connected with their use. • Accidents and injuries occurring while: walking to or from the rafts, being transported by passenger vehicle and/or aircraft to or from raft launching and landing locations, loading passengers in can occur getting into and out of the raftskayak; exposure to the natural elements could cause sunburn, loading passengers dehydration, or heat related illness; I understand that prolonged exposure to cold water can result in “cold water immersion” syndrome or “cold shock,” hypothermia and in extreme cases death; communication on the water in which this activity occurs is sometimes difficult and in the event of an accident, rescue and medical treatment may not be immediately available. I acknowledge that I AM ULTIMATELY RESPONSIBLE for my own safety during my participation in AKT events/activities and I assume the risks and hazards associated with the event/activities whether known or unknown. I specifically acknowledge also that AKT activities may involve camping in rustic and/or remote situations which may present “comfort style” issues for which I accept responsibility. I specifically acknowledge that, in the event I choose to consume drugs or alcohol during my trip, I will bear complete responsibility for myself and for any damages I may cause to AKT, its property, or to other guests. I acknowledge that I could be left alone and out of passenger transport contact with a guide/staff person for periods of time while enjoying land-based activities. I acknowledge that there are numerous other issues I may encounter, such as campfires and latrine issues which, while they seem open and obvious, also have inherent risks associated with them. I acknowledge that I may choose to participate in activities that are provided by other vendors or operators (i.e. taxis, ferries, and shuttles) over which AKT has no control. Those activities are incidental to the activities provided by AKT and may involve errors in judgment by the other vendors or operators for which AKT can bear no liability. Transportation to and from the activity is incidental to the activity. Transport by vehicles, launching in some instances, may be provided by AKT and may involve errors in judgment by AKT staff operating the vehicles. The vehicles and transport trailers may malfunction, break down, or landing rafts from be poorly maintained, causing injury, accidents, delays or in the riverbankextreme case, loading death. Furthermore, AKT guides have difficult jobs to perform. They seek safety, but they are not infallible. They might be ignorant of a participant’s fitness or abilities. They might misjudge the weather, the elements, or the terrain. They may give inadequate warnings or instructions and/or I as the participant may fail to understand the safety directions due to other issues. I specifically acknowledge that decisions made by guides/staff and unloading rafts into or from raft trailers. • The inaccessibility or remoteness of terrainparticipants are often made in potentially dangerous settings and are made based on often imprecise, which may delay rescue and/or medical treatment. • The distance of this activity's location from medical or emergency facilities. • Receiving emergency medical services or emergency transport from NRA-DPS or other third partiesmomentary and subjective perceptions so that decisions are subject to errors in judgment that cannot and should not be associated with fault at a later point in time.
Appears in 1 contract
Sources: Release of Liability, Assumption of Risk & Indemnification Agreement